Human Rights Legislation

John Howell Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

I thank the right hon. and learned Lady for her perfectly reasonable and thoughtful response. She is right that we will stay within the European convention. If she looks me up on the record, she will see that I have consistently said that the problem is not the convention, which is totally unobjectionable as a list of rights. She asked about Conservative politicians bringing these concerns to the House of Commons. That is right. There have been long-standing issues with the Human Rights Act, but it is not just Conservative politicians. I cited Jack Straw—there have been others—as one of the architects of the Act who has been seriously concerned and has made the case for reform. So there are, across the political divide, strong arguments for making a change. We have put proposals forward—that is the difference—including draft illustrative clauses precisely to stimulate the kind of debate we should have. I think that that answers not only the right hon. and learned Lady’s point, but that of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, about pre-legislative scrutiny. By putting text out there for consideration, we can get right to the crux of these issues.

The right hon. and learned Lady rightly asked about remedies. We will, of course, retain effective domestic remedies, but what we will do with the permissions stage is have a check, which the Strasbourg Court itself has, on unmeritorious claims. It is also right that it has been a long-standing principle in this country that he who comes to equity must come to the court with clean hands. [Interruption.] She is nodding. I hope she agrees. So I think it is right for us to look at strengthening the provisions for the courts, within their discretion, to be able to take into account the wrongdoing of those who claim human rights.

[John Howell (Henley) (Con)]

As the leader of the UK delegation to the Council of Europe, which looks after the ECHR, I am pleased to hear that we will remain in the convention. I think that that is very important to us. The ECHR is itself badly in need of reform. Will my right hon. Friend join me in the work I am already doing to try to achieve a reform of that court, so that it better deals with the human rights problems across the whole of Europe?

[Dominic Raab]

I thank my hon. Friend, who has been a champion of the ECHR and makes, in a powerful and eloquent way, the case for trying to deliver better outcomes at international level. We want that as well, so I will work with him and support his efforts. We, of course, want to ensure that the Council and ECHR system, post the 2012 Brighton declaration, is properly implemented. We were told—my hon. Friend the Member for Bromley and Chislehurst, the Chair of the Justice Committee, is nodding—that the Court was entering an age of subsidiarity, which also picks up on the point made by the leader of the Labour party back in 1999. What we are doing goes with the grain of that, but we will also hold Strasbourg and the Council system to its word to see through those reforms.